Hong Kong People’s Freedom and Choice Act of 2020

IIB 116TH CONGRESS 2D SESSION H. R. 8428 IN THE SENATE OF THE UNITED STATES DECEMBER 8, 2020 Received; read twice and referred to the Committee on the Judiciary AN ACT To provide for temporary protected status for residents of Hong Kong, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 06:18 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8428.RFS H8428 pbinns on DSKJLVW7X2PROD with BILLS 2 HR 8428 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Hong Kong People’s 2 Freedom and Choice Act of 2020’’. 3 SEC. 2. DEFINITIONS. 4 For purposes of this Act: 5 (1) JOINT DECLARATION.—The term ‘‘Joint 6 Declaration’’ means the Joint Declaration of the 7 Government of the United Kingdom of Great Britain 8 and Northern Ireland and the Government of the 9 People’s Republic of China on the Question of Hong 10 Kong, signed on December 19, 1984, and entered 11 into force on May 27, 1985. 12 (2) PRIORITY HONG KONG RESIDENT.—The 13 term ‘‘Priority Hong Kong resident’’ means— 14 (A) a permanent resident of Hong Kong 15 who— 16 (i) holds no right to citizenship in any 17 country or jurisdiction other than the Peo- 18 ple’s Republic of China (referred to in this 19 Act as ‘‘PRC’’), Hong Kong, or Macau as 20 of the date of enactment of this Act; 21 (ii) has resided in Hong Kong for not 22 less than the last 10 years as of the date 23 of enactment of this Act; and 24 (iii) has been designated by the Sec- 25 retary of State or Secretary of Homeland 26 VerDate Sep 11 2014 06:18 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8428.RFS H8428 pbinns on DSKJLVW7X2PROD with BILLS 3 HR 8428 RFS Security as having met the requirements of 1 this subparagraph, in accordance with the 2 procedures described in section 7 of this 3 Act; or 4 (B) the spouse of a person described in 5 subparagraph (A), or the child of such person 6 as such term is defined in section 101(b)(1) of 7 the Immigration and Nationality Act (8 U.S.C. 8 1101(b)(1)), except that a child shall be an un- 9 married person under twenty-seven years of 10 age. 11 (3) HONG KONG NATIONAL SECURITY LAW.— 12 The term ‘‘Hong Kong National Security Law’’ 13 means the Law of the People’s Republic of China on 14 Safeguarding National Security in the Hong Kong 15 Special Administrative Region that was passed 16 unanimously by the National People’s Congress and 17 signed by President Xi Jinping on June 30, 2020, 18 and promulgated in the Hong Kong Special Admin- 19 istrative Region (referred to in this Act as ‘‘Hong 20 Kong SAR’’) on July 1, 2020. 21 (4) APPROPRIATE CONGRESSIONAL COMMIT- 22 TEES.—The term ‘‘appropriate congressional com- 23 mittees’’ means— 24 VerDate Sep 11 2014 06:18 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8428.RFS H8428 pbinns on DSKJLVW7X2PROD with BILLS 4 HR 8428 RFS (A) the Committee on Foreign Affairs and 1 the Committee on the Judiciary of the House of 2 Representatives; and 3 (B) the Committee on Foreign Relations 4 and the Committee on the Judiciary of the Sen- 5 ate. 6 SEC. 3. FINDINGS. 7 Congress finds the following: 8 (1) The Hong Kong National Security Law pro- 9 mulgated on July 1, 2020— 10 (A) contravenes the Basic Law of the 11 Hong Kong Special Administrative Region (re- 12 ferred to in this Act as ‘‘the Basic Law’’) that 13 provides in Article 23 that the Legislative 14 Council of Hong Kong shall enact legislation re- 15 lated to national security; 16 (B) violates the PRC’s commitments under 17 international law, as defined by the Joint Dec- 18 laration; and 19 (C) causes severe and irreparable damage 20 to the ‘‘one country, two systems’’ principle and 21 further erodes global confidence in the PRC’s 22 commitment to international law. 23 (2) On July 14, 2020, in response to the pro- 24 mulgation of the Hong Kong National Security Law, 25 VerDate Sep 11 2014 06:18 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8428.RFS H8428 pbinns on DSKJLVW7X2PROD with BILLS 5 HR 8428 RFS President Trump signed an Executive order on 1 Hong Kong normalization that, among other policy 2 actions, suspended the special treatment of Hong 3 Kong persons under U.S. law with respect to the 4 issuance of immigrant and nonimmigrant visas. 5 (3) The United States has a long and proud 6 history as a destination for refugees and asylees flee- 7 ing persecution based on race, religion, nationality, 8 political opinion, or membership in a particular so- 9 cial group. 10 (4) The United States also shares deep social, 11 cultural, and economic ties with the people of Hong 12 Kong, including a shared commitment to democracy, 13 to the rule of law, and to the protection of human 14 rights. 15 (5) The United States has sheltered, protected, 16 and welcomed individuals who have fled authori- 17 tarian regimes, including citizens from the PRC fol- 18 lowing the violent June 4, 1989, crackdown in 19 Tiananmen Square, deepening ties between the peo- 20 ple of the United States and those individuals seek- 21 ing to contribute to a free, open society founded on 22 democracy, human rights, and the respect for the 23 rule of law. 24 VerDate Sep 11 2014 06:18 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8428.RFS H8428 pbinns on DSKJLVW7X2PROD with BILLS 6 HR 8428 RFS (6) The United States has reaped enormous 1 economic, cultural, and strategic benefits from wel- 2 coming successive generations of scientists, doctors, 3 entrepreneurs, artists, intellectuals, and other free- 4 dom-loving people fleeing fascism, communism, vio- 5 lent Islamist extremism, and other repressive 6 ideologies, including in the cases of Nazi Germany, 7 the Soviet Union, and Soviet-controlled Central Eu- 8 rope, Cuba, Vietnam, and Iran. 9 (7) A major asymmetric advantage of the 10 United States in its long-term strategic competition 11 with the Communist Party of China is the ability of 12 people from every country in the world, irrespective 13 of their race, ethnicity, or religion, to immigrate to 14 the United States and become American citizens. 15 SEC. 4. STATEMENT OF POLICY. 16 It is the policy of the United States— 17 (1) to reaffirm the principles and objectives set 18 forth in the United States-Hong Kong Policy Act of 19 1992 (Public Law 102–383), namely that— 20 (A) the United States has ‘‘a strong inter- 21 est in the continued vitality, prosperity, and 22 stability of Hong Kong’’; 23 (B) ‘‘support for democratization is a fun- 24 damental principle of United States foreign pol- 25 VerDate Sep 11 2014 06:18 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8428.RFS H8428 pbinns on DSKJLVW7X2PROD with BILLS 7 HR 8428 RFS icy’’ and therefore ‘‘naturally applies to United 1 States policy toward Hong Kong’’; 2 (C) ‘‘the human rights of the people of 3 Hong Kong are of great importance to the 4 United States and are directly relevant to 5 United States interests in Hong Kong and 6 serve as a basis for Hong Kong’s continued eco- 7 nomic prosperity’’; and 8 (D) Hong Kong must remain sufficiently 9 autonomous from the PRC to ‘‘justify treat- 10 ment under a particular law of the United 11 States, or any provision thereof, different from 12 that accorded the People’s Republic of China’’; 13 (2) to continue to support the high degree of 14 autonomy and fundamental rights and freedoms of 15 the people of Hong Kong, as enumerated by— 16 (A) the Joint Declaration; 17 (B) the International Covenant on Civil 18 and Political Rights, done at New York Decem- 19 ber 19, 1966; and 20 (C) the Universal Declaration of Human 21 Rights, done at Paris December 10, 1948; 22 (3) to continue to support the democratic aspi- 23 rations of the people of Hong Kong, including the 24 ‘‘ultimate aim’’ of the selection of the Chief Execu- 25 VerDate Sep 11 2014 06:18 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8428.RFS H8428 pbinns on DSKJLVW7X2PROD with BILLS 8 HR 8428 RFS tive and all members of the Legislative Council by 1 universal suffrage, as articulated in the Basic Law; 2 (4) to urge the Government of the PRC, despite 3 its recent actions, to uphold its commitments to 4 Hong Kong, including allowing the people of Hong 5 Kong to govern Hong Kong with a high degree of 6 autonomy and without undue interference, and en- 7 suring that Hong Kong voters freely enjoy the right 8 to elect the Chief Executive and all members of the 9 Hong Kong Legislative Council by universal suf- 10 frage; 11 (5) to support the establishment of a genuine 12 democratic option to freely and fairly nominate and 13 elect the Chief Executive of Hong Kong, and the es- 14 tablishment of open and direct democratic elections 15 for all members of the Hong Kong Legislative Coun- 16 cil; 17 (6) to support the robust exercise by residents 18 of Hong Kong of the rights to free speech, the press, 19 and other fundamental freedoms, as provided by the 20 Basic Law, the Joint Declaration, and the Inter- 21 national Covenant on Civil and Political Rights; 22 (7) to support freedom from arbitrary or unlaw- 23 ful arrest, detention, or imprisonment for all Hong 24 Kong residents, as provided by the Basic Law, the 25 VerDate Sep 11 2014 06:18 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8428.RFS H8428 pbinns on DSKJLVW7X2PROD with BILLS 9 HR 8428 RFS Joint Declaration, and the International Covenant 1 on Civil and Political Rights; 2 (8) to draw international attention to any viola- 3 tions by the Government of the PRC of the funda- 4 mental rights of the people of Hong Kong, as pro- 5 vided by the International Covenant on Civil and Po- 6 litical Rights, and any encroachment upon the au- 7 tonomy guaranteed to Hong Kong by the Basic Law 8 and the Joint Declaration; 9 (9) to protect United States citizens and long- 10 term permanent residents living in Hong Kong, as 11 well as people visiting and transiting through Hong 12 Kong; 13 (10) to maintain the economic and cultural ties 14 that provide significant benefits to both the United 15 States and Hong Kong, including the reinstatement 16 of the Fulbright exchange program with regard to 17 Hong Kong at the earliest opportunity; 18 (11) to coordinate with allies, including the 19 United Kingdom, Australia, Canada, Japan, and the 20 Republic of Korea, to promote democracy and 21 human rights in Hong Kong; and 22 (12) to welcome and protect in the United 23 States residents of Hong Kong fleeing persecution or 24 otherwise seeking a safe haven from violations by 25 VerDate Sep 11 2014 06:18 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8428.RFS H8428 pbinns on DSKJLVW7X2PROD with BILLS 10 HR 8428 RFS the Government of the PRC of the fundamental 1 rights of the people of Hong Kong. 2 SEC. 5. TEMPORARY PROTECTED STATUS FOR HONG KONG 3 RESIDENTS IN THE UNITED STATES. 4 (a) DESIGNATION.— 5 (1) IN GENERAL.—For purposes of section 244 6 of the Immigration and Nationality Act (8 U.S.C. 7 1254a), Hong Kong shall be treated as if it had 8 been designated under subsection (b)(1)(C) of that 9 section, subject to the provisions of this section. 10 (2) PERIOD OF DESIGNATION.—The initial pe- 11 riod of the designation referred to in paragraph (1) 12 shall be for the 18-month period beginning on the 13 date of enactment of this Act. 14 (b) ALIENS ELIGIBLE.—As a result of the designa- 15 tion made under subsection (a), an alien is deemed to sat- 16 isfy the requirements under paragraph (1) of section 17 244(c) of the Immigration and Nationality Act (8 U.S.C. 18 1254a(c)), subject to paragraph (3) of such section, if the 19 alien— 20 (1) was a permanent resident of Hong Kong at 21 the time such individual arrived into the United 22 States and is a national of the PRC (or in the case 23 of an individual having no nationality, is a person 24 who last habitually resided in Hong Kong); 25 VerDate Sep 11 2014 06:18 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8428.RFS H8428 pbinns on DSKJLVW7X2PROD with BILLS 11 HR 8428 RFS (2) has been continuously physically present in 1 the United States since the date of the enactment of 2 this Act; 3 (3) is admissible as an immigrant, except as 4 otherwise provided in paragraph (2)(A) of such sec- 5 tion, and is not ineligible for temporary protected 6 status under paragraph (2)(B) of such section; and 7 (4) registers for temporary protected status in 8 a manner established by the Secretary of Homeland 9 Security. 10 (c) CONSENT TO TRAVEL ABROAD.— 11 (1) IN GENERAL.—The Secretary of Homeland 12 Security shall give prior consent to travel abroad, in 13 accordance with section 244(f)(3) of the Immigra- 14 tion and Nationality Act (8 U.S.C. 1254a(f)(3)), to 15 an alien who is granted temporary protected status 16 pursuant to the designation made under subsection 17 (a) if the alien establishes to the satisfaction of the 18 Secretary of Homeland Security that emergency and 19 extenuating circumstances beyond the control of the 20 alien require the alien to depart for a brief, tem- 21 porary trip abroad. 22 (2) TREATMENT UPON RETURN.—An alien re- 23 turning to the United States in accordance with an 24 authorization described in paragraph (1) shall be 25 VerDate Sep 11 2014 06:18 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8428.RFS H8428 pbinns on DSKJLVW7X2PROD with BILLS 12 HR 8428 RFS treated as any other returning alien provided tem- 1 porary protected status under section 244 of the Im- 2 migration and Nationality Act (8 U.S.C. 1254a). 3 (d) FEE.— 4 (1) IN GENERAL.—In addition to any other fee 5 authorized by law, the Secretary of Homeland Secu- 6 rity is authorized to charge and collect a fee of $360 7 for each application for temporary protected status 8 under section 244 of the Immigration and Nation- 9 ality Act by a person who is only eligible for such 10 status by reason of subsection (a). 11 (2) WAIVER.—The Secretary of Homeland Se- 12 curity shall permit aliens to apply for a waiver of 13 any fees associated with filing an application re- 14 ferred to in paragraph (1). 15 SEC. 6. TREATMENT OF HONG KONG RESIDENTS FOR IMMI- 16 GRATION PURPOSES. 17 Notwithstanding any other provision of law, during 18 the 5 fiscal year period beginning on the first day of the 19 first full fiscal year after the date of enactment of this 20 Act, Hong Kong shall continue to be considered a foreign 21 state separate and apart from the PRC as mandated 22 under section 103 of the Immigration and Nationality Act 23 of 1990 (Public Law 101–649) for purposes of the numer- 24 ical limitations on [Text truncated for display. Full text available on Congress.gov.]